Farrelly v Construction Occupations Registrar; Kelly v Construction Occupations Registrar (Administrative Review)

The applicants, Farrelly and Kelly, sought administrative review of decisions made by the Construction Occupations Registrar. The Registrar had decided that both applicants were not fit and proper persons to hold a licence to operate as a contractor in the construction industry, resulting in the refusal of their applications for such licences. The matter was heard in the Administrative Review Tribunal, which has the authority to review decisions made under the Construction Occupations Registration Act. The applicants argued that the decisions were unreasonable and that the Registrar had failed to consider relevant evidence, including positive references and the applicants' experience and qualifications.

The primary legal issues before the Tribunal were whether the Registrar's decisions were unreasonable and whether there had been a failure to consider relevant evidence. The applicants contended that the decisions were based on irrelevant or insubstantial evidence, and that the Registrar had not properly considered the positive aspects of their respective cases. The Registrar argued that the decisions were based on substantial evidence and that the applicants' histories included factors that justified the conclusion that they were not fit and proper persons to hold a licence.

The Tribunal found that the Registrar had indeed failed to consider relevant evidence and had placed undue weight on certain negative factors. The Tribunal held that the decisions were unreasonable because they did not properly balance all the evidence, particularly the positive aspects. The Tribunal emphasised that the Registrar must consider all relevant evidence and apply a fair and balanced approach in making such decisions. As a result, the Tribunal ordered that the decisions under review be remitted to the Registrar for reconsideration, ensuring that all relevant evidence is properly considered in accordance with the Tribunal's reasons.